Mosier v. Central Intelligence Agency

Filing 53

STIPULATION and ORDER 51 to re-set filing deadline signed by Chief Judge Morrison C. England, Jr. on 9/12/2013. Each party's Separate Statement of Undisputed Facts is due no later than 9/9/2013 at 12:00 noon. Each party's Response to Statement of Undisputed Facts now due no later than 10/1/2013. (Marciel, M)

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  BENJAMIN B. WAGNER
United States Attorney
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  YOSHINORI H. T. HIMEL #66194
Assistant United States Attorney
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  501 I Street, Suite 10-100
Sacramento, CA 95814
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  Telephone: [phone]
Facsimile: [phone]
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  [e-mail]
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  Attorneys for Defendant. Central Intelligence Agency
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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  PHILIP LEE MOSIER,
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CASE NO. 2:13-CV-744-MCE-KJN
Plaintiff,

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v.

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  CENTRAL INTELLIGENCE AGENCY,
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Defendant.

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STIPULATION AND ORDER
RESETTING FILING DEADLINES FOR
UNDISPUTED FACT STATEMENTS
AND RESPONSES THERETO
Date: October 3, 2013
Time: 2:00 PM
Ctrm: 7 (Judge England)

The parties, through their undersigned counsel, hereby stipulate, and request Court approval, that
the Statements of Undisputed Facts and responses thereto required by Minutes filed July 24, 2013, as
modified by Order filed August 5, 2013, be due as follows: Statements of Undisputed Facts filed by
September 9, 2013, at 12:00 noon; and Responses to Statements of Undisputed Facts filed by October 1,
2013.
The reason for the delay in the Statements of Undisputed Facts is that plaintiff's counsel planned
to be away from work for August, and in fact was away from work for August, because his daughter was
due and was born early that month. This schedule gave him his first five working days back in the office
to make his statement. The reason for the interval between the Statements of Undisputed Facts and the
Responses is that defense counsel is on leave from September 10 until September 27, inclusive; this
schedule gives him only two working days to make his response.
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A different filing schedule for these items was agreed between counsel by Stipulation filed July

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  25, 2013. By Order filed August 5, 2013, the Court rescheduled the motion hearing for October 3, 2013,
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  declined to reschedule it for October 17, and did not specify dates for the Statements of Undisputed
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  Facts and the Responses thereto. The stipulated filing schedule represents counsel's best effort to adapt
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  to the October 3 hearing date.
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  Dated: September 9, 2013

SOFER LAW

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/s/ Avner D. Sofer (as authorized 9/9/13)
AVNER D. SOFER

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Dated: September 7, 2013

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BENJAMIN B. WAGNER
United States Attorney
/s/ YHimel
YOSHINORI H. T. HIMEL
Assistant United States Attorney

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ORDER
Upon the parties' stipulation, each party's Separate Statement of Undisputed Facts is due to be

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  filed no later than September 9, 2013, at 12:00 noon; and each party's Response to Statement of
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  Undisputed Facts is due to be filed no later than October 1, 2013.
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IT IS SO ORDERED.

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  Dated: September 12, 2013
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